Kadbhanu And Anr vs The State Of Assam And 5 Ors
2023 Latest Caselaw 2406 Gua

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GAHC010225712021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : W.P.(Crl.)/6/2022


         1. KADBHANU AND ANR
         W/O LATE HUSEN ALI
         RESIDENT OF VILLAGE DAUKMARI
          PO JANIA, PS AND DIST BARPETA,
         ASSAM, 781308.

         2: SAIFUL ISLAM
         S/O LATE HUSEN ALI
         RESIDENT OF VILLAGE DAUKMARI
          PO JANIA, PS AND DIST BARPETA
         ASSAM, 781308

          VERSUS

         1. THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, HOME DEPARTMENT, DISPUR,
          GUWAHATI 06

         2:THE DIRECTOR GENERAL OF POLICE, ASSAM,
          ULUBARI, GUWAHATI 07.

          3:THE SUPERINTENDENT OF POLICE, BARPETA, ASSAM.


          4:THE OFFICER IN CHARGE OF BARPETA POLICE STATION, BARPETA
          ASSAM

          5:THE SUPERINTENDENT OF DISTRICT JAIL, BARPETA, ASSAM.

         6:RANJIT BAYON,
         CONSTABLE (GATE MAN) BARPETA DISTRICTJAIL
         BARPETA, ASSAM.
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For the Petitioner        : Mr. M.U. Mahmud, Advocate.
                           Mr. S.H. Mahmud, Advocate.


For the Respondents : Mr. A. Choudhury, Advocate for respondent No.6.

Mr. D. Nath, Senior Government Advocate, Assam. Mr. N. Kalita, Government Advocate.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE MITALI THAKURIA 07.06.2023

Mr. D. Nath, learned Senior Government Advocate, Assam submits that in view of the Supreme Court judgment in the case of Re-Inhuman Conditions in 1382 Prisons, (2017) 10 SCC 658, the State has no contest to the claim of compensation laid by the petitioners in this writ petition because the son of the petitioner No.1 who was a young boy of 20 years met unnatural death (suicide) while being in judicial custody.

Mr. Nath, however, submits that on the aspect of quantification of compensation, the State would like to bring additional material on record. Having gone through the rejoinder affidavit filed by the Superintendent of Police, Barpeta, we find that the same is silent regarding the duration of the CCTV footage which the Officer checked so as to controvert the allegation laid by the victim's family members that bribe of Rs.60,000/- (Rupees Sixty thousand) was given to the Gateman Ranjit Bayan who was posted at the District Jail, Barpeta.

Specifics of duration of CCTV Footage checked be placed on record Page No.# 3/3

through affidavit. It shall be also ensured that the CCTV Footage is not deleted/erased.

List on 20.06.2023 along with WP(Crl.) No.1/2022.

                      JUDGE                     CHIEF JUSTICE




Comparing Assistant